Anil Mahato v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23151 of 2021 Arising Out of PS. Case No.-22 Year-2020 Thana- MAHILA P.S. District- Sitamarhi ====================================================== ANIL MAHATO, Son of Ramdhari Mahato, Resident of Village - Belganj (Bel), Ward No. 7, P.S.- Bairgania, District - Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Jha, Adv.
For the State :
Mr.Nawal Kishore Pd., APP For the Informant : Mr.Ranjeet Kr. Mishra, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-08-2021 Heard the parties through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 498(A), 504/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act..
Allegation against the petitioner alogwith other accused persons is said to have tortured the victim due to nonfulfillment of demand of dowry. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.23151 of 2021(2) dt.18-08-2021 2/3 petitioner is innocent and has falsely been implicated in this case. The petitioner has been solemnized on 23.05.2014, after seven years the FIR lodged against the petitioner. The petitioner is languishing in judicial custody since 11.08.2020. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition.
Learned counsel for the informant as well as State vehemently opposed the prayer for bail application and submits that the petitioner has performed second marriage and an affidavit sworn by the informant is on record with details name and address of the second wife.
Heard the parties.
The petitioner is directed to pay Rs.2,000/- per month to the informant, which shall be deposited by the petitioner in the account of the informant in the second week of every month. The informant is directed to furnish the account number and the name of the Bank with an affidavit in the learned court below so that the petitioner may deposit the said amount of Rs.2,000/- in the second week of every month to the informant.
Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on
Patna High Court CR. MISC. No.23151 of 2021(2) dt.18-08-2021 3/3 furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Mahila P.S. Case No. 22/2020 to the satisfaction of learned Court below where the case is pending/ successor Court.
It is made clear that if the petitioner fails to deposit the amount of Rs.2000/- in the second week of every month in the account of the informant, the court below shall be at liberty to cancel the bail bond of the petitioner.
(Anjani Kumar Sharan, J) amitkumar/- U T